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NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

iapps.courts.state.ny.us

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Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#71

Post by TheRealPomax »

prottog wrote: post #56
TheRealPomax wrote: post #17

Earlier quoted context omitted.

Looks at the literal million dead Americans what survivors are we talking about again? If you got fired during the days where we finally had a vaccine and you refused to take it, you were fired for a very good reason.

The median age of a Covid-associated death in the US, with its grossly obese and unhealthy population, is more or less the average life expectancy. It's absurd to dictate public policy that affects everyone on the basis of keeping the elderly around for a couple more years.

No, it's absurd to pretend that "they were going to die anyway so it doesn't matter".

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#72

Post by encryptluks2 »

OrangeMonkey wrote: post #41
aaomidi wrote: post #34

Back pay? Seriously? I thought people weren’t happy about executive power through judicial means, but I’m seeing that same group of people celebrate this. Also note: the NY Supreme Court is actually the lowest court level in NY. Articles like this are being misleading on purpose.

Courts exist to make people whole. The court decided the executive branch didn't have the right to fire the workers. Because of that, the workers lost their jobs, insurance, and pay. How else would you suggest the court make them whole again?

No post body was provided.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#74

Post by crazygringo »

muaytimbo wrote: post #63
crazygringo wrote: post #37

Earlier quoted context omitted.

In cases of judicial review where the courts strike down a law, it's usually not as simple as you're trying to make it. First of all it's not at all clear in advance that the laws are unconstitutional, and that the lawmakers are "perpetrators". Plenty of times the laws are challenged and the courts uphold them. The whole point is that laws often push boundaries or address areas not previously addressed by the courts,…

I’d like to see them held accountable. Every person who was affected by an unconstitutional law should have the ability to sue for damages arising from the intentional abridgment of their constitutional rights. Our rights would remain more intact if lawmakers actually faced personal financial penalties when they try to deny us the already very few rights afforded to us by the constitution.

How are you going to handle it when the Supreme Court reverses itself on decisions decades later? Or even just a few years later when a new Justice is added? Does all the money from damages get returned, with interest and accounting for inflation?

Law is never settled and courts disagree and reverse frequently... So I don't think you've really thought this through... :)

Including who is going to pay for all those damages, which is going to be the taxpayers, so hello much higher taxes! ;)

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#75

Post by xeromal »

jrockway wrote: post #61
phpisthebest wrote: post #59

Earlier quoted context omitted.

It is confusing because NY likes to be confusing. Almost every other state the State Supreme Court, is the top court of the state, just like the federal court And the Court of Appeals is lower than the State Supreme Court. Why NY needs to needless complicate everything is beyond me

I guess it's because it's old. From the Wikipedia article ( https://en.wikipedia.org/wiki/New_York_Supreme_Court ): > The New York Supreme Court is the oldest Supreme Court with general original jurisdiction. It was established as the Supreme Court of Judicature by the Province of New York on May 6, 1691. That court was continued by the State of New York after independence was declared in 1776. It became the New York…

Thanks for digging this up. How cool!

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#76

Post by hash872 »

muaytimbo wrote: post #63
crazygringo wrote: post #37

Earlier quoted context omitted.

In cases of judicial review where the courts strike down a law, it's usually not as simple as you're trying to make it. First of all it's not at all clear in advance that the laws are unconstitutional, and that the lawmakers are "perpetrators". Plenty of times the laws are challenged and the courts uphold them. The whole point is that laws often push boundaries or address areas not previously addressed by the courts,…

I’d like to see them held accountable. Every person who was affected by an unconstitutional law should have the ability to sue for damages arising from the intentional abridgment of their constitutional rights. Our rights would remain more intact if lawmakers actually faced personal financial penalties when they try to deny us the already very few rights afforded to us by the constitution.

I mean that's just ridiculous. 'Unconstitutional' is incredibly vague & subjective (and incredibly political), to the degree that most developed countries don't allow judges to overturn laws based on this at all. (1) As an example of how subjective 'unconstitutional' is, consider that different levels of the judiciary disagree with each other about whether a law is constitutional or not all the time. It's very, very common for one appeals court to declare that a law is in accordance with the constitution or not, and then a higher level to disagree completely. If judges who've devoted their entire lives to the field can't agree and constantly overrule each other....

1. https://en.wikipedia.org/wiki/Parliamentary_sovereignty

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#77

Post by googlryas »

jakogut wrote: post #10

Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place? The state of New York famously responded to the outcome of NYSRPA v. Bruen, which overturned the defacto ban on concealed carry, by decl…

The separate branches of government limit each other, but they can't impose punishments on the other. That's up to the electorate.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#78

Post by [deleted] »

afarrell wrote: post #43
RC_ITR wrote: post #30

Earlier quoted context omitted.

>where's the penalty for committing those actions in the first place You've hit the core problem of society/government that countless generations have tried to obfuscate via an academic body that implies that social interactions can be studied/understood like natural sciences. At the core, all social structure is built on the threat of violence - Commit non-violent white collar crime? Show up to court, because if you…

> At the core, all social structure is built on the threat of violence Cripes. Nope. If this was true, how do you explain backyard cookouts, pool parties, trick-or-treating, or Christmas present exchanges? How do you explain folk dance festivals, buskers, and non-royal weddings? How on earth do you explain hugs?

[deleted]

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#79

Post by throwoutway »

tptacek wrote: post #20

This is a confusing headline. The judgement here is in NY state court, and pertains to employees of and in the City of New York, which enacted a vaccine requirement for employees of the city and later private employers in the city. Months later, Eric Adams was elected mayor of NYC, and he issued an executive order exempting athletes, performers, and artists from the mandate. Petitioners sued, saying that the mandate…

Sabotaged is a politically biased way of describing the events here. The reality is different as my sibling comment pointed out

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#80

Post by llanowarelves »

seanmcdirmid wrote: post #46
jakogut wrote: post #10

Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place? The state of New York famously responded to the outcome of NYSRPA v. Bruen, which overturned the defacto ban on concealed carry, by decl…

> How do courts declare certain executive orders unconstitutional, and yet the perpetrators, who took an oath to uphold and defend said rights and values, face no consequences? Isn't this like saying developers should suffer consequences if they allow bugs to get into their code? Because we are perpetrators of flawed code, like law makers are perpetrators of flawed laws? > Regardless of one's opinion of said rights,…

It's about warranty.

If you can't warranty something, it's worth less than if you can.

And if you do warranty it, but don't back it up, that's fraud.

People are tired of false promise and baiting into hazard.

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